Opinion
2012-09854 Docket No. B-16429-10 M159711
07-22-2013
In the Matter of Ca'leb R. D. (Anonymous), etc. SCO Family of Services, et al., petitioners- respondents; v. Mary D. S. (Anonymous), appellant, et al., respondent.
, J.P.
DANIEL D. ANGIOLILLO
CHERYL E. CHAMBERS
SYLVIA O. HINDS-RADIX, JJ.
DECISION & ORDER ON MOTION
Motion by the appellant on an appeal from an order of the Family Court, Kings County, dated September 4, 2012, to recall and vacate a decision and order on motion of this Court dated May 20, 2013, which granted a motion to relieve assigned counsel and to dismiss the appeal on the ground that assigned counsel had been unable to contact the appellant, to reinstate the appeal, and to reassign the attorney previously assigned to perfect the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is .
ORDERED that the branch of the motion which is to recall and vacate the decision and order on motion dated May 20, 2013, is granted and the decision and order on motion of this Court dated May 20, 2013, is recalled and vacated; and it is further,
ORDERED that the motion to relieve assigned counsel and to dismiss the appeal on the ground that assigned counsel had been unable to contact the appellant is denied; and it is further,
ORDERED that the branch of the motion which is to reassign the attorney previously assigned to perfect the appeal is denied as academic; and it is further,
ORDERED that pursuant to § 670.4(a) of the rules of this Court (22 NYCRR 670.4[a]), the appeal in the above-entitled proceeding shall be perfected either within 60 days after the receipt by the assigned counsel of the transcripts of the minutes of the proceedings in the Family Court, and the assigned counsel shall notify this Court by letter of the date the transcripts are received, or, if there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the assigned counsel shall file in the office of the Clerk of this Court one of the following:
(1) an affidavit or affirmation stating that there are no minutes of any Family Court proceeding to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcripts have been received, and indicating the date received; or
(3) if the transcripts have not been received, an affidavit or affirmation stating that the order on certification of this Court dated January 15, 2013, has been served upon the clerk of the court from which the appeal is taken, the date thereof, and the date by which the transcripts are expected; or
(4) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that pursuant to § 670.4(a) of the rules of this Court (22 NYCRR 670.4[a]), if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the Court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.
DILLON, J.P., ANGIOLILLO, CHAMBERS and HINDS-RADIX, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court
The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.